HomeMy WebLinkAbout20183435.tiff HEARING CERTIFICATION
DOCKET NO. 2018-119A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0075, FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20-INCH NATURAL GAS PIPELINE) APPROXIMATELY 15 MILES IN
LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY DJ
SERVICES, LLC
A public hearing was conducted on October 24, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Chris Gathman
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 14, 2018, and duly published
September 19, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of Discovery DJ Services, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0075, for a greater than 12-inch High Pressure Natural Gas Pipeline
(20-inch natural gas pipeline) approximately 15 miles in length in the A (Agricultural) Zone District.
Frank Haug, Assistant County Attorney, made this a matter of record.
ID Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the pipeline will connect the Hudson and Milton pipelines. He discussed the easement
permits the applicant has obtained and indicated the applicant has made an agreement with all
adjacent property owners except for one (1). Mr. Gathman stated a community meeting was held
in June, and indicated the Town of Kersey suggested an alternative truck route due to the
proximity of the middle and high schools. He mentioned staff has received no correspondence
from the Towns of Hudson, Keenesberg or Adams County regarding this request. Mr. Gathman
stated the proposed route is the most direct route to minimize impact to the surrounding area and
maximize safety. He mentioned water trucks will be utilized as necessary to mitigate dust, and
invasive and noxious weeds will be controlled after construction. He indicated staff received
one (1) objection letter from The Wild Animal Sanctuary prior to the Planning Commission
hearing, and a second opposition letter was received October 24, 2018. He stated the applicant
has indicated they have obtained a Biological Resource Report and a Cultural Resource Report
for all projects. He explained other inspections, including an inspection from Colorado Parks and
Wildlife (CPAW). Mr. Gathman stated no referral response has been received from the Colorado
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Division of Water Resources, nor Colorado Historical Society or History Colorado. He indicated a
referral response has been received from the Farmers Reservoir and Irrigation Company
(FRICO). He stated there is an "attempt to address" condition in response to the Wild Animal
Sanctuary concerns. Mr. Gathman indicated a total of nine (9) referrals were sent out, and
seven (7) were returned and addressed in staff's recommendation. He displayed images of the
site and surrounding property views and entered the favorable recommendation of the Planning
Commission into the record as written.
Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and indicated the site crosses several County maintained
roadways. He indicated the applicant will need a Weld County Right-of-Way Permit, and tracking
control is required during construction. He stated the Department of Public Works is requiring a
Road Maintenance Agreement, and if they are disturbing more than an acre for non-pipeline
items, a Weld County Grading Permit will be required. He suggested modifying Development
Standard (DS) #18 regarding pipeline depths and presented the drainage and grading
requirements.
Ei Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated portable toilets along the construction route are permitted. She indicated
the applicant will need an Air Emissions Permit, and DS #4-10 address Environmental Health
items.
el Matt Norton, applicant representative, thanked Mr. Gathman for his explanation of the
proposed pipeline route. He explained the 20-inch, natural gas pipeline is constructed of steel and
will originate in Arapahoe County and cross into Weld County, for a distance of approximately 12
miles. Mr. Norton explained the QA/QC (Quality Assurance/ Quality Control) inspections to
oversee and monitor the entire operation, he reviewed the safety precautions for the pipeline, and
indicated the pipeline is monitored 24/7 from an off-site control room.
IR Pat Craig, Executive Director of the Wild Animal Sanctuary, stated his opposition and claimed
there is an easement issue that will be solved in court. He indicated although they have been in
contact with the applicant, the applicant will not work with the animal sanctuary on their concerns.
He stated the use of this application is not compatible with surrounding uses and explained
working relations with other pipelines. He indicated the applicant would not talk to them at the
community meeting or compromise. He mentioned the animal sanctuary is requesting the pipeline
go around the property and explained it would not impact any more surrounding property owners.
He stated there are not currently habitats where the applicant has obtained the easement, but the
habitats are fenced and will require heavy equipment to build. Mr. Craig requested the application
be postponed, or the Board require the applicant to work with the animal sanctuary to find a
solution. He reiterated the pipeline can go around the property without causing any issues. In
response to Chair Moreno regarding communication, Mr. Craig echoed their presence at the
public meeting where the applicant would not discuss their concerns and stated they would call
to discuss the issue but never called. He continued, stating they submitted a letter of objection, to
which the applicant replied but still would not agree to the alternate route. Mr. Craig indicated he
signed the land sale contract the day before the applicant signed the easement agreement. He
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echoed the applicant is unwilling to work with them and reiterated the relations with other pipelines
on the sanctuary property.
U. In response to Commissioner Kirkmeyer, Mr. Craig showed where the proposed easement
is, and where he is proposing it reroute to. He indicated where the surround easements are that
the applicant obtained and showed the suggested route to border the property. In response to
Commissioner Cozad, Mr. Craig stated the newly acquired property by the animal sanctuary is
not currently within their USR boundaries, but indicated they are working with Planning Staff to
add this property to their existing USR. In response to Commissioner Cozad regarding the
easement, Mr. Craig stated the seller of the property mentioned the easement, but at the time of
purchase there was not a signed easement agreement. He explained two (2) weeks after closing
on the property, he received a copy of the easement without a signature; however, it wasn't until
January when they closed on the property that they were provided with a signed document. In
response to Commissioner Kirkmeyer, Mr. Craig stated the pipeline easement was not included
in the original contact, nor the closing documents. He reiterated there will be legal action taken
regarding the easement. In response to Commissioner Conway, Mr. Craig reiterated the
information regarding the contract and stated he contacted the previous owner of the property
who indicated he had signed the easement.
▪ In response to Commissioner Kirkmeyer, Mr. Norton reiterated there is one (1) easement yet
to buy, but the person lives out of town. In response to Commissioner Freeman, Mr. Craig stated
there is an agreement for the easement; however, there are no physical signatures yet.
• Mr. Norton stated he does not agree with the previous comments made and indicated the
applicant has given cost estimates of the suggested alternate route. He mentioned they are not
against the alternate route; however, Discovery DJ does not feel they should be responsible for
the additional financial costs. He stated the applicant does not believe there is an adverse impact,
and mentioned it was the choice of the buyer of the property to buy knowing the right-of-way
existed. He indicated pipelines are the safest mode of transportation for America's energy, and
the proposed route is the most direct route to connect the two (2) pieces of pipe on either side of
the animal sanctuary property. In response to Chair Moreno, Mr. Norton stated there has been
discussion between the animal sanctuary and the applicant's land manager regarding the reroute,
and other options. Mr. Norton indicated his future concerns with inspections and stated the land
managers can only propose solutions that make sense to both parties. He stated they are willing
to make it work, but are not willing to solely pay the financial costs.
• In response to Commissioner Conway, Mr. Norton indicated there was a valid easement at
the time the property was transferred at closing. Mr. Norton also stated the applicant submitted
an affidavit signed by the previous landowner which included the potential buyer(The Wild Animal
Sanctuary) was made aware of the easement. In response to Commissioner Conway regarding
the community meeting, Mr. Norton stated the animal sanctuary's concerns were legal in nature
and concerned the right-of-way documents. He indicated the public relations representatives did
not feel a legal discussion was appropriate at a public meeting where there were other community
issues to address. In response to Commissioner Conway regarding follow up to the animal
sanctuary's concerns, Mr. Norton stated the applicant's land department contacted the animal
sanctuary after the community meeting, as well as after Planning Commission.
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El In response to Chair Moreno, Mr. Norton indicated he had reviewed the proposed Conditions
of Approval and Development Standards.
12 Commissioner Cozad stated she appreciates the Wild Animal Sanctuary; however, the
Commissioners must review applications to ensure compliance with the Weld County Code, and
she believes the applicant has done what they are supposed to do. She mentioned it is
unfortunate the property was purchased without the animal sanctuary being aware of the
easement; however, the easement was acquired, and the applicant is working to acquire the last
easement needed. Commissioner Cozad reiterated the property acquired by the animal sanctuary
is not included in the current USR, and, consequentially, should not be considered for the
proposed USR. She stated she supports the application and is willing to state the findings to
include how the criteria has been met.
El Commissioner Kirkmeyer agreed with the comments made by Commissioner Cozad, and
stated her issue is with the applicant not being neighborly. She explained her concerns, and
addressed the applicant not attempting to find a solution knowing there is a legal issue.
Mr. Norton stated he appreciates the concerns and indicated they are doing what they can.
ID Chair Moreno stated he appreciated the comments previously made and claimed he
understood the applicant is willing to reroute if the animal sanctuary is willing to absorb some of
the additional costs. In response to Chair Moreno, Mr. Norton stated he predicts there will be
further discussions regarding the suggested reroute.
Commissioner Freeman agreed with Commissioner Cozad and stated he does not feel it
would be fair for the applicant to pay for the alternate route because they have obtained the proper
easements prior to the property being sold. He indicated his support of the application.
El Commissioner Conway agreed with the previous comments and stated the property's
previous owner signed an affidavit prior to the purchase of the property. He echoed Commissioner
Kirkmeyer's comments regarding being neighborly and reiterated Commissioner Freeman's
comments regarding cost. He reiterated the newly purchased property does not have a USR and
expressed his appreciation for the Wild Animal Sanctuary. Following discussion concerning a
possible reroute and the corresponding procedures and notification requirements, Commissioner
Kirkmeyer suggested continuing the hearing to Monday, October 29, 2018, to give the applicant
an opportunity to work with Mr. Craig on his concerns. Mr. Norton requested a minute to consider
the continuance.
la Chair Moreno recessed the hearing at 11:07 a.m.
The hearing reconvened at 11:15 a.m. and Mr. Norton requested a continuance until the
following Wednesday, October 31, 2018. Commissioner Kirkmeyer thanked the applicant for
giving one (1) more attempt to working with Mr. Craig. Chair Moreno requested this application
be put first on the agenda for October 31, 2018.
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ka Commissioner Kirkmeyer moved to continue the request of Discovery DJ Services, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR18-0075, for a greater
than 12-inch High Pressure Natural Gas Pipeline (20-inch natural gas pipeline) approximately 15
miles in length in the A (Agricultural) Zone District, to October 31, 2018, at 10:00 a.m., for the
decision making portion to allow the applicant to work with The Wild Animal Sanctuary to attempt
to come to an agreement and requested it be first on the agenda. The motion was seconded by
Commissioner Cozad. Commissioner Conway thanked the applicant for their willingness to work
with the animal sanctuary. Commissioner Cozad echoed the previous comments, and agreed with
Commissioner Kirkmeyer regarding working together. She also thanked Mr. Craig for his
testimony. Chair Moreno agreed with the comments made by his fellow Commissioners and
hoped a middle ground could be found. There being no further discussion, the motion carried
unanimously, and the hearing was completed at 11:17 a.m.
This Certification was approved on the 29th day of October, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dat-44) . V ;11 LC // t z_�;, � >-
Ste Moreno, Chair
ii
Weld County Clerk to the Board
rbara Kirkmey P,o-Te
BY: AOtt1O.Q*iorta
Deputy Clerk o the Board `
LASean P. Conway_ K)
4;6APP AS ORM:.
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ts�t: o
'zie fejt ie A. Cozad
ou ty Attorney
If Mike Freeman
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Date of signature: 1/1/2a.
2018-3435
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